Digital Commons Network^™

Healer, Witness, Or Double Agent? Reexamining The Ethics Of Forensic Psychiatry, Matthew U. Scherer

Journal of Law and Health

In recent years, psychiatrists have become ever more prevalent in American courtrooms. Consequently, the issue of when the usual rules of medical ethics should apply to forensic psychiatric encounters has taken on increased importance and is a continuing topic of discussion among both legal and medical scholars. A number of approaches to the problem of forensic psychiatric ethics have been proposed, but none adequately addresses the issues that arise when a forensic encounter develops therapeutic characteristics. This article looks to the rules governing the lawyer-client relationship as a model for a new approach to forensic psychiatric ethics. This new model …

Salt Lake City Corporation, Petitioner-Plaintiff-Appellee, V. Mark C. Haik, Respondent-Defendant-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

An Appeal from the Third Judicial District court Case No. 140900915 The Honorable Andrew Stone presiding

Kylie Lee Plaintiff/Appellant Vs. Kenneth Williams, And Moab Family Medicine, Defendants/Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF PLAINTIFF-APPELLATE

Appeal from the Judgment of the Seventh Judicial District Court,
Grand County
The Honorable Lyle R. Anderson, District Court Judge, Presiding
District Court Case No. 130700019

Fur Breeders Agricultural Cooperative, (Employer No. 002612-0). Petitioner/Appellant, Vs. Department Of Workforce Services, Workforce Appeals Board, Respondent/Appellee. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANT

APPEAL
Appeal from Decision of Workforce Appeals Board
Department of Workforce Services

Chad Eskelsen And Lorna Eskelsen, Plaintiffs And Appellants, Vs. Vaughn L. Hansen; Carolyn S. Hansen; Vc Holdings, Llc, A Utah Limited Liability Company; And Theta Investment Company, A Utah Corporation. Defendants And Appellees. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF OF APPELLANTS
CHAD ESKELSEN AND LORNA
ESKELSEN AND APPELLEE VC
HOLDINGS, LLC

Appeal from Final Order and Judgment of the Honorable Jeffery C. Wilcox of the
Fifth Judicial District Court in and for Washington County, State of Utah

A Journey Through The Health Care Safety Net, Brietta R. Clark

Saint Louis University Law Journal

No abstract provided.

Ryan Uresk Harvey, Rocks Off, Inc. And Wild Cat Rentals, Inc., Plaintiffs/Appellants, Vs. Ute Indian Tribe Of The Uintah And Ouray Reservation, Et Al., Defendants/Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEES UTE INDIAN TRIBE OF UINTAH AND OURAY RESERVATION; L.C. WELDING & CONSTRUCTION, INC.; AND HUFFMAN ENTERPRISES, INC.

Wade S. Winegar And Sandra Winegar, Individuals, Plaintiffs And Appellants, V. Springville City, A Municipal Corporation Of The State Of Utah, Bill Child, An Individual, And Jason Riding, An Individual. Defendants And Appellees : Appellant's Reply, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT'S REPLY

APPEAL FROM SUMMARY JUDGMENT DISMISSAL ENTERED MARCH 30,
2016 BY THE FOURTH JUDICIAL COURT, STATE OF UTAH, UTAH COUNTY,
THE HONORABLE CLAUDIA LAYCOCK

Sam Pino, Jeanne R. Thomas, Todd Palmer, And Jodie Palmer Plaintiffs/Appellants, Vs. Entity #4812420-0140, Commonly Known As The Well Corporation, A Utah Nonprofit Corporation Defendant/Appellee. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLANT

APPEAL FROM SUMMARY JUDGMENT
ENTERED IN THE UTAH THIRD JUDICIAL DISTRICT COURT,
SALT LAKE COUNTY, HONORABLE ROBERT FAUST

Front Matter

City University of New York Law Review

No abstract provided.

Ambivalence About Parenting: An Overview For Lawyers Representing Parents In Child Welfare Proceedings, Lisa Beneventano, Colleen Manwell

City University of New York Law Review

No abstract provided.

Inequity In Private Child Custody Litigation, Dale Margolin Cecka

City University of New York Law Review

No abstract provided.

Mayflies (Insecta: Ephemeroptera) Of Conservation Concern In Montana: Status Updates And Management Needs, David M. Stagliano

Western North American Naturalist

Montana is home to 133 documented species of mayflies (Insecta: Ephemeroptera) from 55 genera in 16 families. This study reports on the conservation status, critical habitat, and management needs of 7 mayfly species that are currently listed as Montana species of concern (SOC) and 2 species that are currently listed as potential species of concern (PSOC). Six (67%) of these listed mayflies (Anepeorus rusticus, Analetris eximia, Homoeoneuria alleni, Lachlania saskatchewanensis, Macdunnoa nipawinia, and Raptoheptagenia cruentata) are associated with the sand and gravel benthic habitats of large prairie rivers. Two other mayfly species, Caurinella idahoensis (SOC) and Caudatella edmundsi …

End Matter, Vol. 76 No. 4

Western North American Naturalist

No abstract provided.

Research News. Publications, 2016. Volume 2, University Of Mississippi. School Of Pharmacy, Soumyajit Majumdar

Publications (2015-)

Publications that appeared during the period July 1 through December 31, 2016

Fashion And Female Beat Identity In The Writing Of Jones, Johnson, And Di Prima, Raven J. See

CLCWeb: Comparative Literature and Culture

In her article "Fashion and Female Beat Identity in the Writing of di Prima, Johnson, and Jones" Raven J. See discusses how the women writers of the Beat Generation have become iconically defined by their fashion choices. Clothing and accessories offer Beat women a means to construct and express their identity and Diane di Prima, Joyce Johnson, and Hettie Jones write about fashion in their narratives of self-creation. Like their male contemporaries, Beat women make style choices that allow them to reject mainstream culture and identify within Beat subculture. However, these women write about their decisions to accept or reject …

Reflection On The Legality Of "Private" Discrimination In Light Of Recent Social And Economic Changes In Ethiopia, Mekonnen Firew Ayano

Journal Articles

No abstract provided.

Arabic Music And Burroughs's The Ticket That Exploded, David M. Holzer

CLCWeb: Comparative Literature and Culture

In his article "Arabic Music and Burroughs's The Ticket That Exploded" David Holzer discusses how the experience of hearing Arabic music in Tangier and being exposed to the healing music of the Master Musicians of Joujouka, a remote village in the foothills of the Ahl Srif mountain range in Northern Morocco, significantly influenced both the writing of William Burroughs and his multi-media experiments. This essay considers what Arabic music and specifically that of Joujouka meant to Burroughs, with particular reference to The Ticket That Exploded (1962). Drawing on The Ticket, Burroughs’s letters, critical studies and biographical material, it …

The Road Trip As Artistic Formation In Defeo's Work, Frida Forsgren

CLCWeb: Comparative Literature and Culture

In her article "The Road Trip as Artistic Formation in DeFeo's Work" Frida Forsgren discusses previously unpublished photographic material documenting Jay DeFeo's road trip in Europe and North Africa in the 1950s. Forsgren argues that the Beat road trip is by no means an exclusively masculine enterprise and quest: DeFeo's journey helped open the door to her emancipation as a female artist and propelled her artistic development. Moreover, the global experience represented by the trip helped shape her local Beat milieu upon her return to San Francisco. While European, Medieval, Italian Renaissance, and Hebrew influences in DeFeo's oeuvre have been …

Theories Of Opiate Addiction In The Early Works Of Burroughs And Trocchi, Richard English

CLCWeb: Comparative Literature and Culture

In his article "Theories of Opiate Addiction in the Early Works of Burroughs and Trocchi" Richard English discusses William S. Burroughs's and Alexander Trocchi's representations of opiate addiction with special reference to their early writings. English examines the concept of homo heroin that can be attributed to Burroughs and lists and expounds its qualities. Among these are: immorality, criminality, mono-objectuality, self- and other-indifference, and, most importantly, the radical physical transformation into a new species, which Burroughs extends in Naked Lunch. English shows how homo heroin relates to Trocchi's conception of a heroin addict, which serves to illustrate that homo …

The Cultural Translation Of Ginsberg's Howl In Turkey, Erik Mortenson

CLCWeb: Comparative Literature and Culture

In his article "The Cultural Translation of Ginsberg's Howl in Turkey" Erik Mortenson examines three Turkish translations of Allen Ginsberg's poem Howl in order to explore the ways in which Ginsberg's poem becomes redeployed in new cultural contexts. Orhan Duru and Ferit Edgü's 1976 translation presents a more politicized Ginsberg that draws on his anti-establishment credentials as a social activist. This comes as little surprise, since in pre-1980 coup Turkey rebellion was thought in purely political terms of right verses left. Hakan Arslan's 1991 update provides a less political and more familiar Ginsberg, in keeping with a society that left …

Ginsberg's Translations Of Apollinaire And Genet In The Development Of His Poetics Of "Open Secrecy", Véronique Lane

CLCWeb: Comparative Literature and Culture

In her article "Ginsberg's Translations of Apollinaire and Genet in the Development of his Poetics of 'Open Secrecy'" Véronique Lane analyzes the extent to which the journals, letters and poems of Allen Ginsberg are marked by constant reference to literary models that give just as much weight to French as to American writers. Focusing on his long involvement with Guillaume Apollinaire and Jean Genet's works, Lane argues that Ginsberg meticulously constructed the genealogy of his poetry through a threefold strategy of literary quotation, translation and encryption. Uncovering this strategy through analysis of "Howl," "At Apollinaire's Grave," and "Death to Van …

Race, Gender, And The Beats In Tan Magazine's "I Was A Victim Of The Beat Generation", Chelsea M. Stripe

CLCWeb: Comparative Literature and Culture

In her article "Race, Gender, and the Beats in Tan Magazine's 'I Was a Victim of the Beat Generation'" Chelsea Stripe discusses the "true to life" story of Sara Howard, a single African American mother who becomes pregnant by a white Beat and struggles to raise their child alone. On the one hand, "I Was a Victim of the Beat Generation" emphasizes the exploitative character of Beats' affinity for African American culture and of their attitudes toward women. Further, Howard's story critiques the social fluidity that Beat privilege allows. On the other hand, the story articulates conservative US-American middle class …

Boundary Spanning, Networking, And Sensemaking/Sensegiving: How Career Services Directors Enact Mid-Level Leadership, Linda Kent Davis

Graduate Doctoral Dissertations

This study seeks to understand higher education leadership overall by exploring how mid-level leadership is enacted by career services directors. Given that higher education institutions are facing a wide range of challenges that require an equally wide range of skills to address them, colleges and universities may need to become more inclusive regarding who contributes to institutional leadership. Mid-level leadership is defined in this study as a process of social interaction that originates with a middle manager and that cuts across functional areas and/or hierarchical levels to impact institutional goals. Three research questions frame the study: 1) How do career …

Behavioral Ecology Of American Pikas (Ochotona Princeps) At Mono Craters, California: Living On The Edge, Andrew T. Smith, John D. Nagy, Constance I. Millar

Western North American Naturalist

The behavioral ecology of the American pika (Ochotona princeps) was investigated at a relatively hot south-facing, low-elevation site in the Mono Craters, California, a habitat quite different from the upper montane regions more typically inhabited by this species and where most prior investigations have been conducted. Mono Craters pikas exhibited a behavioral profile that contrasted significantly with that of pikas found in upper montane regions. Mono Craters pikas were less surface active than pikas in studies at high-elevation sites, although their rate of short-call vocalizations was similar. Mono Craters pikas did not exhibit typical foraging behavior: they fed …

The Foreign Tax Credit War, Bret Wells

BYU Law Review

The government has been involved in a sustained war against objectionable foreign tax credit transactions. This war has caused the U.S. foreign tax credit regime to be riddled with complexity that spawns incoherent outcomes. The complexity contained in section 901 was created due to a legitimate concern: the threats posed by objectionable transactions that artificially generate excess foreign tax credits represent real policy problems. Since at least 1975, Congress and the Treasury Department have been convinced that the cross-crediting of excess foreign tax credits arising from “objectionable transactions” required a response in addition to simply relying on section 904. Thus, …

Effectiveness Of Judicial Review In The Polish Competition Law System And The Place For Judicial Deference, Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article analyzes whether Polish courts tend to defer to the findings of the Polish competition authority, UOKiK. Judgments of the Supreme Court concerning relevant market definition serve as case studies. Finally, the article discusses whether proceedings before the Polish competition authority ensure sufficient due process guarantees, the impartiality of decision-makers, and the overall expert character of …

Competition Law And State Aid For Failing Banks In The Eu And Its Specific Implications For Cee Member States, Virag Blazsek

Yearbook of Antitrust and Regulatory Studies

The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State …

A Note On 2015 Developments In Polish Competition Law: Is It Really A Drive Towards The European Model?, Anna Piszcz

Yearbook of Antitrust and Regulatory Studies

Modern Polish competition law has become highly regulated and codified over the twenty five years of its existence and this article will provide readers with information relating to its recent developments of 2015. Separate subsections present a review of provisions on remedies in infringement decisions as well as settlements. A considerable part of this paper is designed to outline the peculiarities that characterize Poland’s new provisions on fines. Further on, the paper introduces readers to newest trends in the area of concentration control between undertakings. In addition, an assessment of recent developments and suggestions for a further development of Polish …

Review Of The New Polish Model Of Abstract Control Of Standard Forms Of Agreements Concluded With Consumers, Paulina Korycińska-Rządca

Yearbook of Antitrust and Regulatory Studies

The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the …